Assault Flashcards
What are the ingredients for Assault?
Assaults
Another Person
What are the ingredients for Assault with a weapon?
Assaults
Another Person
Using anything as a weapon - OR -
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon
What is the definition of Assaults?
Acts of intentionally applying force or attempting to apply force
To the person of another, directly or indirectly
Or threatening by any act or gesture to apply such force to a person of another,
If the person making the threat has,
or causes the other to believe on reasonable grounds
That they have the present ability to effect their purpose
What is the definition of Another Person (assault)?
ANOTHER PERSON other than the offender
What is the definition of Using anything as a Weapon (assault)?
An object of some sort
must be USED AS A WEAPON
What is the definition of Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon (assault)?
An object of some sort
On the offender or reasonably available
The CIRCUMSTANCES must be sufficient to SHOW AN INTENT TO USE the OBJECT AS A WEAPON
Give an example of Direct application of force:
Force is applied directly to the victim
punching the victim
Give an example of Indirect assault:
Where force is not applied directly to the victim
A chair being pulled out from under them
Give an example of Transferred malice:
If the offender has the necessary mens rea and commits the actus reus even if the victim differs from the one intended
(swinging at one person, missing and hitting someone else)
Give an example of Conditional Assault:
Putting conditions on the victim
Open the door or I will hit you
Define Implied consent (assault):
When people come in contact through everyday activities eg: playing rugby, bumping into someone in a packed bar, shaking hands etc.
List the acts and sections which define legal justification of the use of force and give examples:
S 39, CA 61: Police when making an arrest
S 40, CA 61: Police when stopping a person escaping
S 42, CA 61: Anyone to prevent a breach of the peace
S 48, CA 61: In the defence of themselves or another person (self defence)
What three factors need to be considered when deciding which assault charge is most appropriate?
The Intent
Weapons used or degree of force used
Injury received
What is the investigation procedure when dealing with an assault victim?
Photographs - to record injuries
Clothing - damaged? seize or record
Scene - Examine to corroborate the complaint
Witnesses - Independents where possible
Injuries - Record what you see at the time
Medical certificate - to verify injuries
(PC SWIM)
What is the investigation procedure when dealing with an assault suspect/offender?
Admission - attempt to gain
Cuts - check for injuries which can corroborate evidence
Exhibits - seize weapons, clothing and the like
(ACE)
